SB 92 South Dakota Senate · 2026 Regular Session

clarify the rights to appeal and refer certain decisions of boards of county commissioners.

SB 92 clarifies the process for appealing or referring decisions made by county commissioners regarding land use or zoning changes. It directly affects county commissioners, residents, and petitioners who challenge or seek to refer such decisions. Key provisions require commissioners to publish adoption notices in a legal newspaper, with decisions taking effect 20 days later unless a referendum is triggered. The bill also specifies that rejection of requests follows separate procedures under existing law. This is a procedural clarification with no new policy changes.
Bill status passed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House Passage
Feb 2026
Governor
Introduced Jan 15, 2026 Last action Feb 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Senate Local Government Engrossed · 4 edits · Jan 28, 2026
MODERATE
This bill clarifies the process for county commissioners to appeal and refer decisions regarding amendments or changes to county ordinances. It establishes clearer procedures for adopting or rejecting proposed changes, including requirements for public notice and timelines for when changes take effect.
Scope change
The bill applies to county commissioners' decision-making processes regarding amendments, supplements, changes, modifications, or repeals of county ordinances, specifically clarifying appeal and referral rights.
REQUIREMENT

Added requirement that county boards must publish a notice of adoption in a legal newspaper and that adopted changes take effect 20 days after publication.

Added requirement that consideration of changes to proposed amendments must be published at least 10 days in advance in a legal newspaper.

Modified the language to clarify when boards can consider changes to proposed amendments and the specific procedures for adoption versus rejection of requests.

TIMELINE

Established a 20-day waiting period between publication of adoption notice and when changes take effect.

Floor votes · Senate Feb 2, 2026 · House Feb 12, 2026

How they voted

340
Passed · 1 other
Total votes 35
Feb 2, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
6
Committee
3
Amendments
1
Feb 12, 2026
Lower · Passed
House of Representatives Tabled , Passed, YEAS 61, NAYS 1 H.J. 322
lower
Feb 10, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed,
lower
Feb 10, 2026
Lower · Passed
Local Government Do Pass , Passed, YEAS 11, NAYS 0
lower
Feb 3, 2026
Introduced
First read in House and referred to House Local Government H.J. 208
lower
Feb 2, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 162
upper
Feb 2, 2026
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Jan 28, 2026
Upper · Passed
Local Government Do Pass Amended , Passed, YEAS 7, NAYS 0 S.J. 2
upper
Jan 28, 2026
Introduced
Local Government Motion to amend , Passed, S.J. 2 Amendment 92A
upper
Jan 15, 2026
Introduced
First read in Senate and referred to Senate Local Government S.J. 55
upper
8 primary · 0 co-sponsors

Sponsors